Points to Section 2.10 of 1987 accord to justify his ‘one police’ stance

Despite India’s efforts to persuade Sri Lanka to fully implement the 13th Amendment in the island’s northern province, the Rajapaksa government appears firm about not handing over some powers, including those related to police and law enforcement, to the Tamil minority.

Revealing the extent to which absence of trust remains an obstacle to ethnic reconciliation in Sri Lanka, Basil Rajapaksa — brother of President Mahinda Rajapaksa and Minister for Economic Development — who visited New Delhi last week, told The Hindu that Sri Lanka would never risk a provincial government forming its own “army” through devolved police powers.

Referring to the Tamil National Army — a militant outfit raised by the beleaguered 1988 EPRLF government in the North-Eastern Province in a futile attempt to protect itself against the LTTE that had rejected the Amendment and boycotted the election — he said there was no ruling out that a future Northern provincial government would not do the same: “If [the NPC] form another army, can we afford another war now?”

He dismissed arguments that armed struggle by the Tamils was now a thing of the past, and that the 13th Amendment in any case gave the President overriding powers over the province.

As Sri Lanka moves to hold elections for the first time in the Tamil-majority Northern province, there is a raging debate in the country over the pros and cons of the 13th Amendment, including the proposed changes by the Rajapaksa government to strip it of clauses that it perceives to be inimical to national and territorial integrity; and the reported insistence by India on its full implementation.

Both Mr. Rajapakasa’s trip to New Delhi, and quickly after, India’s National Security Adviser (NSA) Shiv Shankar Menon’s visit to Colombo, seem to have focussed on this issue; for weeks, the Sri Lankan media has been debating it threadbare.

Sri Lanka’s other provinces, which have functioning governments, do not have their own police forces despite the constitutional provision for this. But the Tamil National Alliance believes the North should have control over law enforcement in the province.

The TNA is widely expected to win the Northern election, to be held in September, two months before the country is due to host the Commonwealth Heads of Government Meet. The alliance has nominated a respected Colombo-based former judge of the Supreme Court, C. V. Wigneswaran, as its chief ministerial candidate.

Mr. Rajapaksa, however, questioned TNA’s choice, describing Mr.Wigneswaran as a candidate of “external forces” who did not represent the people of the North.

Well ahead of the elections, the minister, an important political figure in the Sri Lankan government, who is regarded as the most restrained and diplomatic member of the Rajapaksa clan, was already certain that a TNA government in the North would be on collision course with the Centre.

The Rajapaksa government, he said, had given the Tamil people, “everything” — roads, railways, water, electricity, schools and hospitals. With nothing left to promise, the minister said, a TNA provincial government would whip up other “emotional issues” that neither it nor the government would be able to deliver.

Giving a new twist to the Indo-Lanka Accord of 1987 which gave birth to the 13th Amendment to Sri Lanka’s Constitution, Mr. Rajapaksa said devolving police powers would actually amount to going against Accord.

He pointed to section 2.10 of the Accord which calls for the government to use the “same organisations and mechanisms” for law enforcement and security in the Northern and Eastern provinces as in the rest of the country, saying this meant that there could not be more than one police force for the whole country.

“It is very clear in the Accord. It says police powers have to be with one police, there is no separate mechanism. So you can’t have a separate police force in the provinces,” Mr. Rajapaksa said.

The government recently set up a parliamentary select committee to revisit the 13th amendment. Mr. Rajapaksa defended the move, saying no constitutional provision was permanent, and all over the world, it was the practice to make changes in the statute.

He declined to say if the changes would come before or after the election, calling it an ongoing process. Sometimes, he said, such processes took years.

The committee has been boycotted by the TNA and the main opposition United National Party (UNP). Moreover, dissenters on the issue within the ruling coalition, such as the Sri Lanka Muslim Congress, are not included in the Committee.

Mr. Rajapaksa sought to explain questions about the credibility of the incomplete panel by saying it would solicit wider opinion by inviting public testimonies.

Asked if India-Sri Lanka relations had been affected as a result, Mr. Rajapaksa said both countries “understand each other’s point of view. It is Sri Lanka’s problem, and Sri Lanka must find a solution from Sri Lanka itself”.

India’s vote against Colombo two years in a row at the Human Rights Council (HRC) in Geneva, he said, had “very badly hurt our relationship” but Sri Lanka had “managed it very well”, understanding that it was due to “internal pressure”.

“So as two sovereign countries and countries who have been friends for a long time we have to understand each other. Our people have been very understanding of India. India must understand that.”

India’s Sri Lanka-playing-the China card theory was hardly reasonable, he said, pointing to a recently formed Indian CEO’s forum in Colombo, and the absence of a similar platform for Chinese businessmen in Sri Lanka.

Rather, said the Minister, it was India that was “playing for America”. As evidence, he pulled out a 2011 visit to Chennai by then U.S Secretary of State Hillary Clinton as linked to the Tamil question in Sri Lanka.

A peaceful environment in Sri Lanka was good for India and the people of India, not just for the governments but also for the business community, including those from Tamil Nadu, Mr. Rajapaksa said.

It is too much to expect any patriotic Sri Lankan to alow, so soon after LTTE is crushed, a parallel "autonomous' Government in the North in the name of devolution. Sri Lanka Government should set in motion the process of devolution step by step. The Tamils should prove beyond doubt that they have come out of Prabhakaran syndrome and are loyal to Sri Lanka. Otherwise, devolution will be merely a subterfuge for revival of sinister secessionism. India should support complete eradication of the revival sentiment.

from:
Dr V Nageswara Rao

Posted on: Jul 20, 2013 at 19:00 IST

This man has come out with the truth saying that there will be no devolution of power to the Tamils and no reconciliation. The Northern election is to be held only to satisfy India and the International community prior to the CHOGM to be held late November. This man disputes everything and the government's policy clearly shows of their determination to subjugate the Tamils. Taking over 70,000 acres of land in the North and leaving the owners without food and shelter and depriving of their livelihood is a clear example. So what is the alternative for the Tamils?

from:
Sellam

Posted on: Jul 19, 2013 at 21:15 IST

Tamil speaking minority is very much in distrust with the Sinhalese dominated government. Since the British handed independence, the minority feel they are not treated as like everyone and their livelihood in danger. Constitutional changes made by the successive Sri Lankan governments were discriminative and created divisions rather than uniting the country. The riots in 1915, 1958, 1977, 1981, 1983, 2000, 2001, 2002 and 2006 and the inability of Sri Lankan government to deal with that and provide justice to those affected did not help to create any trust.

It is Sri Lankan government to prove that they are genuine peace keepers not Tamils, until then minority will keep asking for more autonomy and protection.

from:
R Kalanithy

Posted on: Jul 19, 2013 at 19:01 IST

This to the Moderator,

It is no point you posting my message leaving out a vital piece of the comment. We Tamils are the victims in this and even if the truth hurts as far as Indias role in this episode is concerned you owe it to the readership to publish it in full so the readership can see the reasoning of the GOSL and I hope fairness prevails. I am not sure if you are a Southerner or from the North and my feeling is that you are the latter.

from:
kali

Posted on: Jul 19, 2013 at 14:25 IST

India should understand, sri lanka is not defined by tamils...about 5% of the northern tamils(more than 50% of the sri lankan tamils are living in the south among sinhalse,indian tamils and muslims), can't dictate the destiny of the whole country..we are never against equality, but we will never allow exclusive privileges given to a section of the country or a region...india is a good example how this ghettos with exclusive powers do not work.

from:
billy

Posted on: Jul 19, 2013 at 13:41 IST

The Governments worries about creating a parallel army in the North has nothing to do with security concerns which is a figment of is imagination.

from:
kali

Posted on: Jul 19, 2013 at 12:47 IST

For all these years the successive SL govt having been saying that they have been fighting a terrorist outfit and not Tamils. They called the masscare in Mullivaikal as the "Humanitarian Operations" and rescued Tamils, if that is true, why are they fearing now?

from:
Haran

Posted on: Jul 19, 2013 at 11:06 IST

"He pointed to section 2.10 of the Accord which calls for the government to use the “same organisations and mechanisms” for law enforcement and security in the Northern and Eastern provinces as in the rest of the country, saying this meant that there could not be more than one police force for the whole country."

Interpretation of the constitution should be done by the respective body and not by a minister.

Whatever the south thinks, the north needs police, land and finance power with other provisions.

from:
sathees

Posted on: Jul 19, 2013 at 10:04 IST

I think Mr. Basil is correct. We as an Asian(South Asian) country we should be treat well for our neighbors first. US always comes behind us because our giant market. If we support to China or Sri Lanka US still comes behind us . But we must make sure our neighbors are okay with us and about their security. regardless internal idiotic pressure, And also we could see now, we distribute our police powers to every states but we cant control them what the central government wanted.
Recent example is Bihar. Which the GOI wanted to increase the security there but the provincial government failed. so what is the ultimate result.??

from:
Wickram Singh.

Posted on: Jul 19, 2013 at 09:32 IST

You are exactly right sir.

from:
Wesly

Posted on: Jul 19, 2013 at 09:19 IST

1. That is ridiculous! The majority Sinhalese got the island state as a modern political state through reign by the colonial powers. The Eezham tamils right to have their own sovereign State comprised of historical their home land of northern and eastern provinces revived was clearly mandated through the 1977 parliamentary elections. What followed were events making the course of historical betrayal by next door neighbour India- for the reasons like-"A peaceful environment in Sri Lanka was good for India and the people of India, not just for the governments but also for the business community, including those from Tamil Nadu" as admitted by Mr. Rajapaksa in his talks to THE Hindu correspondent. But as a nation, the Eeazham tamils MUST NEVER be punished by/for perpetual slavery to majority Sinhalese for reasons like peaceful environment of " business community" in India and in Tamil Naadu as well! 2. Eezham Tamils deserve their own sovereign State after all their sufferings of sacrifices. If the White minority could not be seen to practice the minority reign over the majority Blacks in South Africa by the reprehensible code of “apartheid”, how would a politician like Mr. Basil Rajapaksa — brother of President Mahinda Rajapaksa and Minister for Economic Development- from the majority community fo Sinhalese , can be read to justify a majority domination and control of the freedom living ethnic nation of the Eezham tamils through “ 13th amendment “ even in its full form as done through the so called Indo –Sri Lanka Peace accord of 1987 ? What they needed was the sovereign State of Thamizh Eezham- and NOT the majority rule of Sinahalese and a “provincial” council for the ethnic Tamils.Mr. BR, we in Tamil Nnaadu has already have by a resolution passed on 27th March 2013 in our assembly to hold a referendum in the Tamil north and east? DO THAT!

from:
P.Padmnaabhan

Posted on: Jul 19, 2013 at 05:40 IST

IT is not so good to be stiff on political power.The present situation does not bring peace and does not lead to dynamic growth which should overtake population growth for prosperity to register on the people.It leads to continous interference by outside interests.The better method is to play safe and divide the country into four or five divisions for industrial or better commercial development and give sufficient freedom for foreign investments to flow.A thrust in that direction will see a development of all infrastructure based on that development and close the door on political strategies based on interference and language clique.

from:
Prof.Paul.V.John

Posted on: Jul 19, 2013 at 05:36 IST

It's just an eyewash, what's the use in publishing his interview, they have tasted Tamils' blood and still indian fishermen risk their life to have their bread...No body is focussing on these issues, Tamils' life has become cheap,cheaper and cheapest

from:
Guhan

Posted on: Jul 19, 2013 at 05:25 IST

We must give asylum to all lankan tamil's and let them stay in india forever. We all know Srilanka is close to China which means Lankan tamils will never get any justice.

from:
Thennarasu

Posted on: Jul 19, 2013 at 03:25 IST

While I totally disagree with Sinhala Chauvinism and scrapping of the 13th amendment, I admire Rajapakas for having the courage to scrap the law, especially when Politicians and the English Media consider it sacrilegious to even mention scrapping 370 or implementing uniform civil code.

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